Senqu Local Municipality v Dibanani Consulting CC (1330/2018) [2019] ZAECGHC 36 (28 February 2019)

Senqu Local Municipality v Dibanani Consulting CC (1330/2018) [2019] ZAECGHC 36 (28 February 2019)

The court found that the applicant's delay of thirteen years in bringing the application to set aside its own decision was inordinate and unexplained. The applicant failed to provide a full explanation for the delay, as required by law. The argument that the contract constituted a continuous wrong was rejected; the continuous nature of the contract did not excuse the failure to act timeously. The court held that section 172(1)(a) of the Constitution does not cure unreasonable delay or relieve a party from the obligation to seek condonation and provide a full explanation. The applicant was not obliged to follow Rule 53, but the delay remained fatal. The application was dismissed due to...

Citation
[2019] ZAECGHC 36
Parties
Applicant: Senqu Local Municipality; Respondent: Dibanani Consulting CC
Court
Eastern Cape High Court, Grahamstown
Jurisdiction
South Africa
Judgment Date
28 February 2019
Case Number
1330/2018
Procedural Posture
Review Application / Judgment
Outcome
Application dismissed with costs.
Judges
NQUMSE
Legal Topics
Municipal Finance Management Act, Public Procurement, Unreasonable Delay, Principle of Legality, Section 217 Constitution
Administrative Law Civil Procedure Municipal Finance Management Act Public Procurement Unreasonable Delay Principle of Legality Section 217 Constitution

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Parties

Senqu Local Municipality

Applicant

Dibanani Consulting CC

Respondent

Procedural Posture

Review Application / Judgment

Legal Issues

  1. 1 Is the appointment of Dibanani Consulting CC in violation of section 217(1) of the Constitution and section 33 of the Municipal Finance Management Act?
  2. 2 Has the municipality followed the correct procedure in seeking to have its impugned decision set aside by the court?
  3. 3 What is the effect of the lapse of time since the appointment and the apparent delay in bringing this application?

Ratio Decidendi

The court found that the applicant's delay of thirteen years in bringing the application to set aside its own decision was inordinate and unexplained. The applicant failed to provide a full explanation for the delay, as required by law. The argument that the contract constituted a continuous wrong was rejected; the continuous nature of the contract did not excuse the failure to act timeously. The court held that section 172(1)(a) of the Constitution does not cure unreasonable delay or relieve a party from the obligation to seek condonation and provide a full explanation. The applicant was not obliged to follow Rule 53, but the delay remained fatal. The application was dismissed due to...

Court Disposition

Application dismissed with costs.

Orders

  • The application is dismissed with costs.